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Penal Censure: Engagements Within and Beyond Desert Theory

Penal Censure: Engagements Within and Beyond Desert Theory

  • 作者:
  • 出版商: Hart Publishing
  • ISBN: 9781509945672
  • 出版时间 November 2020
  • 规格: Paperback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Hardback Edition ISBN: 9781509919789
RM263.34
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  • 描述 
  • 大纲 
  • 详细

    This exploration of penal censure is inspired by the 40th anniversary of the publication of Andreas von Hirsch's Doing Justice, which opened up a fresh set of issues in theorisation about punishment that eventually led von Hirsch to ground his proposed model of desert-based sentencing on the notion of penal censure. Von Hirsch's work thus provides an obvious starting-point for an exploration of the importance of censure for the justification of punishment, both within his theory of just deserts and from the perspectives of other theoretical approaches. It also provides an opportunity for engaging with censure more broadly from philosophical, sociological–anthropological and individual–psychological perspectives. The essays in this collection map the conceptual territory of censure from these different perspectives, address issues for desert theory that arise from fuller understandings of censure, and consider afresh the role of censure within the jurisprudence of punishment. They show that analyses of censure from different vantage points can significantly enrich punishment theory, not least by providing a conceptual basis for perceiving common ground between and thus connecting different strands of penal theory.

  • Introduction
    Antje du Bois-Pedain and Anthony E Bottoms
    PART I. CENSURE: MAPPING THE CONCEPTUAL TERRITORY
    1. The Architecture of Censure
    John Kleinig
    2. Censure, Sanction and the Moral Psychology of Resentment and Punitiveness
    Jonathan Jacobs
    3. Reflective Censure: Punishment and Human Development
    Liat Levanon
    4. How Should We Argue for a Censure Theory of Punishment?
    Christopher Bennett
    PART II. CENSURE AND JUST DESERTS REVISITED: ISSUES FOR DESERT THEORY
    5. Censure and Hard Treatment in the General Justification for Punishment: A Reconceptualisation of Desert-oriented Penal Theory
    Andreas von Hirsch
    6. Deserved Censure, Hard Treatment and Penal Restraint
    Andrew Ashworth
    7. Penal Censure, Repentance and Desistance
    Anthony E Bottoms
    8. The Evolution of Retributive Punishment: From Static Desert to Responsive Penal Censure
    Julian V Roberts and Netanel Dagan
    9. Dealing with Potential Terrorists within a Censure-based Model of Sentencing
    Alessandro Corda
    PART III. CENSURE, DESERT AND THE JURISPRUDENCE OF PUNISHMENT
    10. Rootless Desert and Unanchored Censure
    Matt Matravers
    11. The Role of Victims' Rights in Punishment Theory
    Tatjana Hörnle
    12. Penal Desert and the Passage of Time
    Antje du Bois-Pedain
    13. Censure, Dialogue and Reconciliation
    Rob Canton
    14. Fairness, Equality, Proportionality and Parsimony: Towards a Comprehensive Jurisprudence of Just Punishment
    Michael Tonry

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